Legislator Case Law & Legislation
II UZP 5/09 AI generated

Supreme Court ruled that pre-1989 clergy periods are not contributory if social insurance wasn't paid after July 1, 1989.

Case Number II UZP 5/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's request to include his pre-1989 clergy period in his pension calculation. The Social Insurance Institution denied the period because the applicant did not pay social insurance contributions after July 1, 1989, while the lower court had included it. The Court held that the statutory condition requiring contributions for the entire period of mandatory insurance coverage meant the pre-1989 period was only valid if contributions were paid after the new law took effect.

Legislator headnote

AI generated

Art. 6 ust. 1 pkt 3a ustawy o emeryturach i rentach; Art. 12 i 27 ustawy o gwarancjach wolności sumienia i wyznania; The period of being a clergyman before July 1, 1989, is not a contributory period if social insurance contributions were not paid for clergy after that date.

Keywords

AI generated
social insurance contributions clergy status pension eligibility contributory period mandatory insurance coverage statutory interpretation pre-1989 period

Cited Legislation

AI generated
Art. 6 ust. 1 pkt 3a of the Act on pensions and allowances from the Social Insurance Fund
Art. 12 of the Act on guarantees of freedom of conscience and religion
Art. 27 of the Act on guarantees of freedom of conscience and religion
art. 390 § 1 k.p.c

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